My friend is buying a boat, previous owner owes slip fees so...

Sailormon6 said:

The lien attaches because a state statute says a lien exists. An example of the latter is a mechanic's or materialman's lien. State law says that, whenever a person repairs the property of another, or provides materials to be used for it's repair, a lien attaches until the mechanic or materialman is paid for his parts and service. A search of public records will disclose the former types of liens. Mechanic's and materialmen's liens cannot generally be found by searching public records. A buyer needs to protect himself from unrecorded liens by his contract with the seller.

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tempest said:

I believe that the Marina's rights fall under Federal " Maritime" law and not state law. (Here in the U.S. at least) Not sure if it only applies to Navigable waters.



Below is an excerpt from my Marina Contract:

These guys have been around for 75 years and I have no doubt that they hired a Maritime Lawyer to draft this contract.

." Service work is performed on a "cash when completed" basis. Charges accruing against the tenant and/or vessel shall constitute a Maritime lien upon the vessel and the Marina may retain possession of the vessel until such charges are fully paid. Tenant agrees and understands that the services performed hereunder arising out of the furnishing of the necessaries, including dry-docking, repairs, supplies, wharfage, and/or storage are governed by the Admiralty and Maritime jurisdiction of the U.S Federal Courts and create a Maritime lien against the vessel or its posted security. The Marinas' Maritime lien shall be preserved until all outstanding charges are paid. The Marina agrees in lieu of arrest or attachment to accept from vessels Underwriters, a Letter of Undertaking for an amount equal to 1 1/2 (1.5) times the present charges with a copy of the insurance policy and coverage information. If the vessel is uninsured, or it Underwriters cannot provide a Letter of Undertaking, the Marina may demand a posting of a surety bond with its designated escrow agent in an amount equal to 1 1/2 (1.5) times the Marina's bill. The tenant hereby agrees and understand that in the event that the marina takes legal action against the tenant/vessel to enforce any obligation owed hereunder for payment of any sums due and payable by the tenant to the marina for furnishings of necessaries, including dry-docking, repairs, supplies, wharfage and/or storage to the vessel; Tenant shall be responsible for an agrees to pay all costs of suit incurred including reasonable attorney's fees; and said costs and attorney's fees shall also constitute an additional lien on the vessel. The Marina may satisfy collection of fees or charges incurred in collection or payment due hereunder or to enforce any other obligations owed hereunder by the tenant; including reasonable attorney's fees by recourse to any security

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PGandW said:

In some states, a title search is done and you hope it was thorough (NC I believe follows this process).

Fred W
Stuart Mariner #4133 Sweet P
Yeopim Creek, NC

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